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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Reasons
1. Summary of grounds for appeal;
A. The three-year imprisonment sentenced by the lower court is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. In light of the fact that the method of the crime of this case and the prosecutor's allegation of unfair sentencing is more and more and more and the damage is increasing, it is necessary to strictly punish the persons involved in the crime. It is acknowledged that the amount of damage in this case exceeds 70 million won, the defendant agreed with the victims or did not take any specific measures to recover damage, etc. However, it is recognized that the defendant recognized all the facts charged in this case, and reflects his mistake. The defendant appears to have voluntarily led to confession of the crime in this case after being arrested and investigated (see, e.g., evidence records No. 187, 188, etc.). Since the amount acquired by the defendant individually through the crime in this case is not more than 6 million won (see, e.g., evidence records No. 4466 and 457, etc.), and the defendant's argument that the defendant had no special criminal record and the defendant's environmental character and behavior other than the obstruction of execution of official duties, the defendant's argument in this case is without merit.
3. In conclusion, the prosecutor's appeal is without merit, but the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is
(2) In the event that the appeal by the defendant is accepted and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed separately). Criminal facts and summary of evidence are recognized by the court.